Posts pertinent to the entrepreneurial economy. From 2016 onward, focused more on private securities offering exemptions and topics related to startup and emerging company financing.

Hero for the holidays

By http://profile.typepad.com/1237764140s22740 //
December 24, 2013
in Courts

My hero for the holidays is Judge Richard Shelby, of the US District Court, District of Utah.

A few days ago, Judge Shelby struck down, as unconstitutional (with reference to the United States Constitution), a Utah constitutional amendment the prohibited same-sex marriage.

Here's a paragraph from Judge Shelby's memorandum decision and order in Kitchen et al v. Herbert et al (a full copy of which you can find here):

"Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 [the Utah law struck down] perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition. Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities. The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse."

And here's a link to Judge Shelby's order from yesterday, denying the State of Utah's request for a stay of his order. (Who would have thought the State of Utah and Vladimir Putin would see eye to eye?)